Patna High Court
Amit Kumar @ Amit Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail may be granted, subject to conditions, as there is no prima facie case and the prosecution has failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners, six residents of Sabalpur, sought anticipatory bail fearing arrest in a case (PS No.1024 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 1,900 litres of illicit liquor from a river bank. The prosecution’s case was based on the recovery and a statement by a co‑accused, while the petitioners contended they were falsely implicated, the liquor was recovered from an open public place, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The High Court, after considering the lack of a prima facie case and procedural lapses, ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order was made conditional on the petitioners surrendering within six weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the co‑accused’s disclosure suffices to establish a prima facie case against the petitioners.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
- Section 482(2)
- false implication
- co‑accused statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87497 of 2025
Arising Out of PS. Case No.-1021 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Amit Kumar @ Amit Kumar Rai S/o Kunj Bihari Rai R/o vill - Sabalpur,
P.S.- Sonepur, Distt.- Saran
2. Ravindra Kumar @ Terenam S/o Ramanuj Singh @ Ram Anuj Singh @
Ramnuj Singh @ Ram Anju Singh R/o vill - Sabalpur, P.S.- Sonepur, Distt.-
Saran
3. Akhilesh Kumar Singh @ Akhilesh Kumar S/o Nanhak Rai R/o vill -
Sabalpur, P.S.- Sonepur, Distt.- Saran
4. Bittu Kumar S/o Chhattu Rai R/o vill - Sabalpur, P.S.- Sonepur, Distt.- Saran
5. Pappu Kumar @ Tipai Rai S/o Nanhak Rai R/o vill - Sabalpur, P.S.-
Sonepur, Distt.- Saran
6. Munna Kumar @ Munna Ray S/o Gopi Rai R/o vill - Sabalpur, P.S.-
Sonepur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Sonpur PS Case No. 1024 of 2025 instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 1900
litres of country made liquor was recovered from near the bank
Patna High Court CR. MISC. No.87497 of 2025(2) dt.15-01-2026
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of the river.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
The name of the petitioners transpired in this case on the basis
of disclosure made by the apprehended co-accused person.
Learned counsel further submitted that alleged recovery has
been made from an open place, accessible to one and all. The
petitioners have got no concern with the alleged recovery of
liquor. Learned counsel for the petitioners, therefore, contends
that prima-facie no case is made out against the petitioners. The
petitioner no. 1 has two criminal antecedents, petitioner no. 5
has one criminal antecedent and petitioners no. 2, 3 & 4 have no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.87497 of 2025(2) dt.15-01-2026
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below/concerned Court in connection with Sonpur PS Case No.
1024 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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